Employment law advice needed - leaving my contract job

Susan101

I’ve been in my job on a contract since May 2015. It’s been extended a few times and is now extended until the end of the year but I think I might need to make a quick exit soon (for a reason too convoluted to explain). I really just don't want to be working there anymore.

I verbally accepted the latest extension and was sent a letter to sign and return to HR. Previous to this I have accepted extensions verbally and then signed and returned the letter to HR.

I have not signed and returned the letter for the latest extension yet and no one has asked me for it. My current extension runs until August 31st.

If I have not signed and returned a contract extension letter am I still legally obligated to give one month’s notice? What might the legal repercussions be if I decide not to come back after 31 August?

I’m aware that this could impact my chance of getting a good reference but my plan is to go to my previous manager who has since left the company. Will a new employer still need to contact my current manager and HR for a reference?

I'm very stressed out about all this. Any help much appreciated. Thanks!

Undervalued

Susan101 wrote: »

I’ve been in my job on a contract since May 2015. It’s been extended a few times and is now extended until the end of the year but I think I might need to make a quick exit soon (for a reason too convoluted to explain). I really just don't want to be working there anymore.

I verbally accepted the latest extension and was sent a letter to sign and return to HR. Previous to this I have accepted extensions verbally and then signed and returned the letter to HR.

I have not signed and returned the letter for the latest extension yet and no one has asked me for it. My current extension runs until August 31st.

If I have not signed and returned a contract extension letter am I still legally obligated to give one month’s notice? What might the legal repercussions be if I decide not to come back after 31 August?

I’m aware that this could impact my chance of getting a good reference but my plan is to go to my previous manager who has since left the company. Will a new employer still need to contact my current manager and HR for a reference?

I'm very stressed out about all this. Any help much appreciated. Thanks!

With very few exceptions it is irrelevant whether you have signed or not. Generally a contract has been formed by working on those terms and getting paid. So yes technically you are obliged to give the stated notice.

If you don't they could make a claim against you for any unavoidable losses or extra expense this causes them. Like any such claim they have a duty to mitigate their losses as far as reasonably possible. Such claims are rare but they do occasionally happen and can succeed.

Slightly more likely is an informal tangle where they don't pay you everything you are owed and basically say "you sue us and we will sue you".

agrinnall

I would say there's a good chance you can simply not return after August 31st if you have not yet indicated your acceptance of the extension, but to do so without telling them is extremely childish behaviour and I would expect them to to be seriously annoyed with you. If your new employer does contact them I would think they will do their best to rubbish you while sticking to the truth in their response, and I couldn't blame them.

sangie595

agrinnall wrote: »

I would say there's a good chance you can simply not return after August 31st if you have not yet indicated your acceptance of the extension, but to do so without telling them is extremely childish behaviour and I would expect them to to be seriously annoyed with you. If your new employer does contact them I would think they will do their best to rubbish you while sticking to the truth in their response, and I couldn't blame them.

^^^ This ^^^

If your contract is dated to expire then you do not have to give any further notice. Technically the verbal acceptance is binding, but proving it is another thing. But the attitude stinks, and is designed to make them take retaliatory action. Just because you think you don't need a reference doesn't mean you don't - either now, or in the future. Or both. If you don't want to work there, have the courtesy to tell them.

bargainbetty

As a recruiter, I would genuinely be livid if someone had received a serious of contract extensions and then upped and left without providing the agreed notice. The employer that has kept you in work has got to make plans around staffing levels and it is basic courtesy to inform them of your intention to go.


You could hand back the letter unsigned with a polite note explaining that you have the opportunity of a permanent role elsewhere and therefore cannot commit to the full term of the extension. You would be happy to continue working with them until a handover could be completed, but on one week's notice only. Alternatively, just file your formal notice and go on the contract terms.


Trust me, in an industry, word gets around about contractors and their behaviour. You don't want to get a reputation for walking out.

Susan101

Thank you for your responses.

I've not clearly explained that it wouldn't be my intention to just walk out. I'd notify my place of work and have a meeting. I'm just wondering if there is a way to not endure the soul-crushing 'notice period'. This employer has not treated me well this year, and I am struggling to maintain my motivation as a staff member.

It was always my understanding that a written confirmation was required for an agreement to be binding. If a verbal agreement is effectively binding, then I will have to approach this a different way.

Again, thank you for your remarks.

steampowered

If your current contract expires on August 31st, and you haven't signed a renewal, then I don't think you would be legally obligated to stay after August 31st. Although it might be seen negatively if you accepted verbally. You should of course notify your employer that you intend to do this so that they can arrange the appropriate cover.

Your new employer may wish to contact the company and HR (rather than a manager who doesn't work for the company anymore) in future. So it would be in your interest to act appropriately.

I suppose you might as well have a meeting with them and see what they say. If you don't want to be there, they may be perfectly happy to let you go on friendly terms.

It was always my understanding that a written confirmation was required for an agreement to be binding. If a verbal agreement is effectively binding, then I will have to approach this a different way.

In legal principle, a verbal agreement can be binding if a reasonable observer would conclude that the parties intended to verbally reach a legally binding agreement. However, in circumstances where you are expected to sign a letter or agreement to indicate your agreement, it would normally be concluded that an agreement is not reached until both parties have signed the agreement.

TELLIT01

Susan101 wrote: »

I’m aware that this could impact my chance of getting a good reference but my plan is to go to my previous manager who has since left the company. Will a new employer still need to contact my current manager and HR for a reference?

A plan which is potentially seriously flawed. If you list your current employer, any future employer will expect to contact them for references. A manager who has left the company may be acceptable as a personal referee but most companies will be looking for employment references.
You also say that the company hasn't treated you well, but they keep offering extensions to your employment and you keep accepting. It doesn't seem that they are treating you all that badly.

paddyrg

Let them know, a chance for them to call the agencies and find a new you, maybe even offer to stay an extra x weeks to help them recruit your replacement and prient them

Undervalued

Susan101 wrote: »

Thank you for your responses.

I've not clearly explained that it wouldn't be my intention to just walk out. I'd notify my place of work and have a meeting. I'm just wondering if there is a way to not endure the soul-crushing 'notice period'. This employer has not treated me well this year, and I am struggling to maintain my motivation as a staff member.

It was always my understanding that a written confirmation was required for an agreement to be binding. If a verbal agreement is effectively binding, then I will have to approach this a different way.

Again, thank you for your remarks.

No. There are very few things in English law that have to be in writing to be valid. Obviously it is far harder to prove what was agreed in a verbal contract but that does not make it any less binding.

As I indicated, in an employment situation simply turning up, working and getting paid is enough to establish a contract on the terms that were offered.

Obviously you can attempt to negotiate a shorter notice period and they may well accept. Failing that you either take the slight risk of being on the wrong end of a claim by unilaterally leaving early coupled with the near certainty of damage to your reputation.

Undervalued

steampowered wrote: »

In legal principle, a verbal agreement can be binding if a reasonable observer would conclude that the parties intended to verbally reach a legally binding agreement. However, in circumstances where you are expected to sign a letter or agreement to indicate your agreement, it would normally be concluded that an agreement is not reached until both parties have signed the agreement.

Not in an employment situation for the reasons I have indicated.